HELP!? Speeding Ticket on Interstate!

[Ylen13]

Originally posted by: Millennium

Originally posted by: Ylen13

Originally posted by: edro13
If you were going 76 in a 75, you deserve the ticket. It's the law. I drive 80-90 all the time here in Columbus, and when I get a ticket, I know I deserve it. If you go to the judge, and you say you were speeding.... he will say "case closed", you are guilty.

why are you and all other people reply to this thread and say he is guilty when he knows he is guilty. He didn't ask for people to post you are guilty and pay the ticket, he asked for help to fight the ticket. So if you can't give advice on how to fight the ticket then don't post its not like if everyone say to him you are guilty he is not going to fight the ticket. He already made up his mind way before he posted so stop posting " you are guilty pay the fine"

I am giving him ADVICE because fighting this ticket is a burden he doesn't want to face. He will have to drive down to NM, plead innocent and probably not accomplish much. How many tickets have you fought?

techincally 0. I got one ticket but i got it escused as i called in a favor

 

[Ylen13]

Originally posted by: Soybomb

Originally posted by: Ylen13

Originally posted by: Soybomb
Sorry man it sounds like you earned the ticket. He tagged you on radar while you were passing a vehicle. Even if keeping up with traffic were a good excuse, keeping up doesn't mean passing. Arguing that its the "normal" speed isn't going to help get you out of the ticket, they're questioning if you broke the law or not. If you want out of it you might check into a lawyer since you're not making the best case for yourself so far.

actually you may want to review your state law or just pick up the driving booklet from your local dmv and you will find that it says you have to keep up with the traffic. Also he was passing a truck. I could be wrong but isn't the speed limit for trucks on that interstate 55 if so the officer may have missjudged the speed of how fast he was going as he most likely was comparing it to the truck. Also beeing radared dont' mean a thing if the radar colebration is off.

Could you show me an example of a state where its illegal to not exceed the speed limit? If the leo got a reading of 85 on the radar and the poster goes to court and says he was passing a truck and believes the radar reading was for the truck and not him, all he's saying is he was going even faster since he was passing the truck

its illegal not to exceed the speed limit if the freeway that you are traviling exceding the speed limit. If i remmber correctly in california is majority of the drivers are going faster then speed limit then you must keep up at that speed. Sorry don't have the link to the law.

 

[Mill]

Originally posted by: Ylen13

Originally posted by: Soybomb

Originally posted by: Ylen13

Originally posted by: Soybomb
Sorry man it sounds like you earned the ticket. He tagged you on radar while you were passing a vehicle. Even if keeping up with traffic were a good excuse, keeping up doesn't mean passing. Arguing that its the "normal" speed isn't going to help get you out of the ticket, they're questioning if you broke the law or not. If you want out of it you might check into a lawyer since you're not making the best case for yourself so far.

actually you may want to review your state law or just pick up the driving booklet from your local dmv and you will find that it says you have to keep up with the traffic. Also he was passing a truck. I could be wrong but isn't the speed limit for trucks on that interstate 55 if so the officer may have missjudged the speed of how fast he was going as he most likely was comparing it to the truck. Also beeing radared dont' mean a thing if the radar colebration is off.

Could you show me an example of a state where its illegal to not exceed the speed limit? If the leo got a reading of 85 on the radar and the poster goes to court and says he was passing a truck and believes the radar reading was for the truck and not him, all he's saying is he was going even faster since he was passing the truck

its illegal not to exceed the speed limit if the freeway that you are traviling exceding the speed limit. If i remmber correctly in california is majority of the drivers are going faster then speed limit then you must keep up at that speed. Sorry don't have the link to the law.

Urban Legend. The only way that would even be a possible defense, would be if you could somehow prove you were under duress from the speed of the other drivers. Not very likely. Dude, stop posting about law. Please.

 

[Mill]

Originally posted by: Ylen13

Originally posted by: Millennium

Originally posted by: Ylen13

Originally posted by: edro13
If you were going 76 in a 75, you deserve the ticket. It's the law. I drive 80-90 all the time here in Columbus, and when I get a ticket, I know I deserve it. If you go to the judge, and you say you were speeding.... he will say "case closed", you are guilty.

why are you and all other people reply to this thread and say he is guilty when he knows he is guilty. He didn't ask for people to post you are guilty and pay the ticket, he asked for help to fight the ticket. So if you can't give advice on how to fight the ticket then don't post its not like if everyone say to him you are guilty he is not going to fight the ticket. He already made up his mind way before he posted so stop posting " you are guilty pay the fine"

I am giving him ADVICE because fighting this ticket is a burden he doesn't want to face. He will have to drive down to NM, plead innocent and probably not accomplish much. How many tickets have you fought?

techincally 0. I got one ticket but i got it escused as i called in a favor

So then you have no personal experience fighting tickets. Thought so. Just wanted to make sure.

 

[Angrymarshmello]

Originally posted by: Millennium

Originally posted by: Ylen13

Originally posted by: Millennium

Originally posted by: Ylen13

Originally posted by: edro13
If you were going 76 in a 75, you deserve the ticket. It's the law. I drive 80-90 all the time here in Columbus, and when I get a ticket, I know I deserve it. If you go to the judge, and you say you were speeding.... he will say "case closed", you are guilty.

why are you and all other people reply to this thread and say he is guilty when he knows he is guilty. He didn't ask for people to post you are guilty and pay the ticket, he asked for help to fight the ticket. So if you can't give advice on how to fight the ticket then don't post its not like if everyone say to him you are guilty he is not going to fight the ticket. He already made up his mind way before he posted so stop posting " you are guilty pay the fine"

I am giving him ADVICE because fighting this ticket is a burden he doesn't want to face. He will have to drive down to NM, plead innocent and probably not accomplish much. How many tickets have you fought?

techincally 0. I got one ticket but i got it escused as i called in a favor

So then you have no personal experience fighting tickets. Thought so. Just wanted to make sure.

Evan - he thinks drunk driving is no big deal. You can't take anything he says seriously

 

[furiogiante]

Originally posted by: DBL

Originally posted by: furiogiante
I have gotten out of 3:5 traffic tickets I have been given, once avoiding a 6 month suspension and big fees...here's what you should do:

1. Check the NM revised code (or whatever NM calls it's lawbook). This should be readily available online. Find out the recovery distance for passing a moving vehicle. Usually, it is at LEAST a 1/4 mile. If you can create a reasonable doubt that the police officer tagged you inside of that distance after passing the semi, you are golden.

2. File a discovery motion. Find out if the radar gun has been calibrated and certified within a reasonable time period. Find out when the officer is scheduled to work. Change the court date to a time period in which he ON duty - he cannot be in court while he is supposed to be in the field. These are all matters of public record, so obtaining them should not require more than a phonecall. Give a good excuse as to the reason for changing the court date too. Offer a couple options for an alternate date, making sure the cop is ON duty for each.

snipped....

GL!

You must have read that book titled something like "How to beat a speeding ticket". In reality though, I found most of the advice useless. It may work in some states but in my experience, when you arrive at court, often the judge calls you up along with the officer in a sort of "pre-trial" meeting and asks for your version. Depending on your previous record, he then gives you the option of accepting a slightly reduced charge or continuing on to an official trail. I always got the distinct impression that opting to press the case further would probably not be the most intelligent decision. Of course if you opt to hire a lawyer, then that is a completely different story as most likely the judge and lawyer know each other. To reasonably be assured of getting off, you need to hire a lawyer based in the same county as the courthouse. Whether this makes financial sense is another matter altogether.

Also, you said that you could request a court date when the officer is on-duty. It is my understanding that this is not true. Officers are given time off to attend to their contested cases. It is cake for the officer to show up for a couple of cases rather than work a normal day. There is a very high probability that the officer will show up. What I remember in the book that I read is it saying that you should try some social engineering to determine the officers vacation time. That would be the ideal time to schedule you court date.

First point first: actually, I got a lot of this information from various sources over the years while combating tickets. I have proposed most of it to friends who are tagged, and often they are able to break free of the charges. In Ohio (elsewhere YMMV), there is a arraignment, where you are asked to plead. If you plead not-guilty, then the judge asks you to appear in front of a real court of law, on a date which he selects. You appear, dah dah dah... Again, this is quite dependant on the SOP of the jurisdiction in which the court is located. Yes, I have read books, and listened to speakers, and even listened to couselors at law go over these ideas. Most require very little effort on the part if the defendant, and are a decent idea in general to not waste a lot of time defending a ticket that carries a minor penalty at worst.

Second: Police are generally given a day (per week/month/bi-weekly) to make court appearances. If you step outside of these days for a court case, there will be a decision made at the desk of the scheduler - is this offense something that this officer must attend for the safety of the populace. In the case of a speedo, answer is mostly a resounding "NO." If you sit in the pre-trial arraignment, you will notice that the magistrate will not set the same court date necessarily for each cop - and also that each cop has a BUNCH of cases on the docket...purely by design. To throw out some anagrams: IANAL and YMMV from state to state, but all in all, this advice may prove useful - and certainly won't do anything to hurt your cause.

 

[Busie23]

Originally posted by: Millennium

Originally posted by: Busie23
I really don't understand why people side with the police? I can understand if this guy was driving dangerously or what not but when your doing the speed that is normal for a road and get ticket it's a bunch of BS.

We all know roads where the posted limit is clearly not followed. As a matter of fact there is a stretch of raod near me that is posted at 35 mph and everyone does at least 50 mph. No one ever gets tickets on this road and it has been this way for at least 3 years, and they have no plans for raising the limit anytime soon.

The police should be out to serve and protect not generate revenue off BS tickets for speeding. Now if you are driving craxy then yea get a ticket, but if you are not driving dangerously there is no reason for it.

Because 97% of all people speed, and the limit is the law. If you break it, deal with it like the rest of us. I don't understand what is so hard about.

I have no problem with it being the law, but I have a problem with it not being enforced properly. Nothing is hard about it all, so there is really nothing to understand?

 

[wasssup]

FWIW, when I went to a defensive driving course over here in NJ (to lower our insurance), and one of the things that they taught us was "keeping up with traffic is safer than following the speed limit" ... odd i suppose, but that's what they said. Of course, cops don't seem to know anything about this...go figure.

 

[dmcowen674]

Originally posted by: MacGaven

Originally posted by: kranky
I'm puzzled how it matters that (1) you've never been stopped before; or (2) it's the "normal" speed for the Interstate.

I believe that I am a good driver.

I also have never been stopped when driving during the day or at night through this interstate and consistently keeping the pace of the cars around me which is 80-85MPH. This particular case I was about four and half hours into my journey to Albuquerque,NM and it was 10:48 PM at night.

The posted speed limit is 75MPH but I was taught that this is the minimum and you are to keep pace with the cars around you. 80-85 MPH seems very reasonable to me.

I also felt as thought the officer was put off by my age, 25, and that's why he seemed so eager to catch me on something and then annoyed by my questions.

Sorry, that is the Maximum posted, sometimes they post a smaller sign lower that is the minimum normally 40 MPH which I feel is extremely dangerous on an Interstate. The close rate of someone doing 75 to someone doing 40 is insane especially when it's a Tanker truck coming up on the back of a Yugo, don't laugh I've seen it happen and the Yugo was packed full with kids, was a horrible sight.

 

[furiogiante]

Originally posted by: dmcowen674
[Sorry, that is the Maximum posted, sometimes they post a smaller sign lower that is the minimum normally 40 MPH which I feel is extremely dangerous on an Interstate. The close rate of someone doing 75 to someone doing 40 is insane especially when it's a Tanker truck coming up on the back of a Yugo, don't laugh I've seen it happen and the Yugo was packed full with kids, was a horrible sight.

FYI, I believe Federal Statutes on Interstates require a minimum of 15mph below the posted maximum. At least that was the way it was a couple years ago, before the big boosts in some states. i.e. 75mph posted max = 60 mph min. It is questionable whether 60 is safe when everyone else travels 75 and above, obviously - more so than 55 over 40. Remember that stopping distances are an exponential function! A car travelling 60 does not take twice as much distance to stop as one travelling 30, thinks back to physics 1...it's:

acceleration = mass(velocity^2)

2000 lbs (30 mph ^2) = a

a = 2000 lbs (30(5280)ft/60(60)seconds)^2

a = 3872000 ft / sec^2

wait...where do foot pounds fit in to this equation...? SCREW IT. I HATE PHYSICS! =) I think I have used the equation for force to determine the stopping distance. I guess I rearended someone.

 

[luckydragon]

since this is your first time chances our your state will allow you to have a deferred finding. call the court clerk of the county you were caught speeding in and ask if they offer that. if they dont get a lawyer and chances are you will win. you will save money in the long run by having your insurance prem. low.

deferal would be the best, you'll probably pay 50 bucks or so and depending on the judge he or she will tell you not ot have a speeding ticket for hte next 6months -1 year then your orginal ticket will be dismissed.

DO NOT admit you were speeding. like other people said speeding is still speeding no matter what the speed of traffic was. that is utter bs and the judge will not hear of it.

good luck

btw people who tell you to take the ticket like a man... blah to them.... get the ticket dismissed and save yourself thousands of dollars in insurance costs.

 

[Mill]

Originally posted by: furiogiante

Originally posted by: dmcowen674
[Sorry, that is the Maximum posted, sometimes they post a smaller sign lower that is the minimum normally 40 MPH which I feel is extremely dangerous on an Interstate. The close rate of someone doing 75 to someone doing 40 is insane especially when it's a Tanker truck coming up on the back of a Yugo, don't laugh I've seen it happen and the Yugo was packed full with kids, was a horrible sight.

FYI, I believe Federal Statutes on Interstates require a minimum of 15mph below the posted maximum. At least that was the way it was a couple years ago, before the big boosts in some states. i.e. 75mph posted max = 60 mph min. It is questionable whether 60 is safe when everyone else travels 75 and above, obviously - more so than 55 over 40. Remember that stopping distances are an exponential function! A car travelling 60 does not take twice as much distance to stop as one travelling 30, thinks back to physics 1...it's:

acceleration = mass(velocity^2)

2000 lbs (30 mph ^2) = a

a = 2000 lbs (30(5280)ft/60(60)seconds)^2

a = 3872000 ft / sec^2

wait...where do foot pounds fit in to this equation...? SCREW IT. I HATE PHYSICS! =) I think I have used the equation for force to determine the stopping distance. I guess I rearended someone.

There is not a federal statue. Only a recommendation.

 

[furiogiante]

Originally posted by: Millennium

There is not a federal statue. Only a recommendation.

Fair enough, is it one of those "We recommend you raise your drinking age to 21...or we will not build any more highways in your state?" =)

 

[WinkOsmosis]

Originally posted by: MacGaven

Originally posted by: Tyler
You're going to drive to a different state to challenge a ticket that says you were going 88 by claiming that you were only going 85 to get out of what is likely a $30 ticket?

Yes.

My parents live in New Mexico and I can contest my ticket the next I go to visit them. Of course I will have to leave very early and plan for my stop in Las Vegas, NM.

Officer said the ticket was for $67 if I plead guilty but I'm not sure how this would affect my insurance. I am also not paying for a ticket when I was not causing harm to other and traveling at a reasonable speed consistent with traffic.

You don't seem to understand speeding tickets. They are a source of income for police departments and insurance companies, not for safety.

 

[Woodie]

Just FYI...point on license are NOT the same as insurance problems.

In a simple speeding on an interstate, most insurance companies will ignore it. The first time. More than one ticket indicates a habitual speeder, which will mean higher rates. Keep in mind, that's only good for SPEEDING. Reckless driving, weaving, etc. is a whole 'nother deal.

For example (does not apply to other states, other times):
Speeding 69 in a 55 was 2 points, no insurance hit.
Failure to obey traffic signal (the speed limit sign) was 1 point, and the insurance company had fits until I told them it was speeding.

If you want to fight it, be very careful what you say--you will be your own worst enemy. Also remember that the judicial and executive branches are there to enforce the laws, not make them or decide if they are right. Argue the right points. (NOT "I've done it that way before....")

Assuming we're talking less than $100, and it's not your home state, and you don't have any other violations, I vote for just pay it. Certainly not worth MY hassle or time.

 

[Mill]

Originally posted by: furiogiante

Originally posted by: Millennium

There is not a federal statue. Only a recommendation.

Fair enough, is it one of those "We recommend you raise your drinking age to 21...or we will not build any more highways in your state?" =)

That is exactly what it is.